Jordan v. Farmers & Merchants Bank

Stolz, Judge.

To the bank’s petition for writ of possession of an automobile on which it claimed a security interest, the defendant debtors filed timely answers denying their indebtedness, and alleging as defenses failure of consideration, the plaintiffs breach of contract by failure to accept the defendants’ tender of the balance due in full, waiver and estoppel. The defendants demanded a jury trial on their answers. Notwithstanding the defendants’ answers and demands for a jury trial, the trial judge issued a writ of possession without undertaking to hold a hearing. The defendants appeal…